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Breach Notice Brings $1.5M HIPAA Enforcement Action

A health insurer agreed to pay $1.5 million and adopt a detailed corrective action plan to resolve HIPAA security allegations stemming from a 2009 data breach. This is the first HIPAA enforcement action to result from the breach reports now required by the HITECH Act. Like many data breaches that have been making the news […]

Ten Years Ago They Told Me, ‘Figure Out Compensation’

But surveys are only part of the compensation puzzle. I also needed practical tools to manage the compensation program. I juggled spreadsheets and text documents to cobble together a system for keeping up with compensation but it was always a struggle. If you’re in the same boat I was—and I suspect that’s the case or […]

Covering Dependents Can Raise Questions

Many employers provide some sort of benefits for employees’ dependents. These can take many forms. Some are benefits that do not require expenditure of much, or any, money and which are not taxed. Other benefits for dependents, however, may entail more significant expenditures and have to be provided under specific rules in order to not […]

Work from Home Is Not FMLA Leave

Yesterday’s Advisor offered guidance for several tricky FMLA situations; today, again turning to the “FMLA Bible” for help, we cover FMLA and home work, FMLA and overtime, and state FMLA laws. Work at Home During FMLA Leave Frequently, an employee who is physically unable to come to work will perform some work for the employer […]

Know the Rules for On-call Workers

By Arthur Silbergeld, Esq. Anyone who works on a computer knows the sinking feeling that comes with hitting that nasty combination of keystrokes causing your machine to freeze. The fact that many companies now keep IT staff available around the clock just to help frantic employees get their misbehaving computers working, retrieve lost documents and […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

Similarly Situated Employees Doesn’t Mean Identical, Seventh Circuit Says

by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]